JUDGMENT :

K.VINOD CHANDRAN, J.

Two appeals by the Manager and one by the teacher, who lost before the learned Single Judge. We will refer to the parties by their names.

2. Elizabeth Kuriakose, was appointed as an Higher Secondary School Teacher [HSST] (English), by direct recruitment to the Iqbal Higher Secondary School, Ajanur. Saritha P.V, who was working as H.S.A in the said school claimed that the appointment ought to have been made, by-transfer from qualified High School Assistants(HSA); in which case she would be entitled to the post. Saritha P.V was the senior most HSA entitled to the said post.

3. The learned Single Judge looked at Rule 4 in Chapter XXXII of the Kerala Education Rules (KER) and relying on the ratio 1:3, prescribed for the purpose of appointment of HSST's, when there is no HSST(Jr.) available, held that Saritha P.V. is entitled to the post. The reasoning was that the vacancy, which was filled up by the Manager was the first vacancy that arose after the Rule prescribing the ratio 1:3 was introduced in the K.E.R in 2001. As per the ratio the first vacancy has to be conceded to by-transfer appointment, was the finding. The Manager and the teacher who was appointed